Floral Park City Zoning Code
ARTICLE V
Accessory Structures and Uses
§ 99-22 Garages.
[Amended 7-15-2008 by L.L. No. 3-2008; 11-19-2024 by L.L. No. 6-2024]
A.
In the R-1 and R-2 Districts, a private detached garage accessory to a dwelling on the same lot or parcel shall be erected in a rear yard.
B.
In the R-1 and R-2 Districts, on a corner lot, a private detached garage accessory to a dwelling on the same lot or parcel shall be erected in the rear yard, provided that the depth of the lot is sufficient to permit compliance with the provisions of this chapter, and provided that the setback of such garage complies with the front yard requirements in the particular district.
C.
In any other district where residential use is permitted, a private detached garage shall be permitted as an accessory use to a multiple-family dwelling as part of the site plan approval process.
D.
In any R-1 or R-2 District, no accessory garage shall be erected to house more than two passenger vehicles and may not exceed 576 square feet.
E.
In residence zones, no accessory garage shall be constructed below grade, nor shall any such accessory garage be constructed or erected to a height which exceeds a maximum height of 14 feet as measured from the surrounding average grade to the uppermost point of the topmost limit of such structure and shall be located at least 10 feet from the dwelling.
§ 99-23 Open storage.
A.
Special use. No property shall be used for the open storage of any article, merchandise, material or machinery, except that in the B-3 Districts such use may be permitted as a special use by the Board of Trustees after notice and public hearing.
B.
Application required for special use permit for open storage. An application shall be made in writing, by the owner or lessee of that lot or parcel of land upon which open storage use is applied for, and said application shall state the following:
(1)
The name of the owner and/or lessee or other occupant.
(2)
The general statement of the location of the property and of the classification of the use district in which such lot, parcel of land or plot is located.
(3)
A survey showing the boundary of such parcel, together with the size of the parcel by metes and bounds.
(4)
A suitable drawing of the parcel showing any buildings or structures on the property or buildings or structures to be erected thereon and the proposed location of open storage.
§ 99-24 Accessory buildings and structures.
[Amended 4-20-2004 by L.L. No. 7-2004; 8-8-2006 by L.L. No. 6-2006; 7-15-2008 by L.L. No. 1-2008; 9-16-2008 by L.L. No. 6-2008; 8-21-2012 by L.L. No. 5-2012; 8-6-2013 by L.L. No. 5-2013; 10-6-2020 by L.L. No. 2-2020; 9-21-2021 by L.L. No. 4-2021; 11-19-2024 by L.L. No. 6-2024]
Except for outdoor pools, the regulations applying to which are set forth in § 99-25, the following regulations shall apply to accessory buildings, garages and structures in any residence district:
A.
A detached accessory building, garage, or structure in excess of 12 inches in height above average surrounding grade, other than fences, may be located in and may occupy not more than 30% of the area of any rear yard and shall be located a distance of at least:
(1)
Eight feet from any dwelling or main building.
(2)
One foot from any lot line, with no cornice overhanging such building more than six inches.
(3)
Forty-five feet from any street line, except that on a corner lot the distance shall be at least 45 feet from the line of the street of narrower frontage and 15 feet from the line of the street of greater frontage.
B.
No accessory building or structure shall have a dimension in excess of 100 square feet in area nor shall such building or structure exceed eight feet in height.
C.
No accessory building may be used for habitable space.
D.
A lattice may be located in the rear yard of a residentially zoned lot. The lattice must be one foot from any lot line and may have a maximum height of six feet. For each additional one foot of setback from a lot line the lattice may have a height increase of six inches, up to a maximum of eight feet.
E.
No freestanding playyard equipment or apparatus, such as a swing set, tree house or similar structure, shall be located within five feet of any property line, nor shall its platform exceed eight feet or its highest point, including its roof, exceed 12 feet in height above the grade directly below said structure when measured to the structure's highest point. All playyard structures shall be located in the rear yard or, in the case of a corner lot, shall not extend past the wall of the primary structure closest to the street.
F.
No part of any freestanding heating, cooling, pumping, filtering, generating or other type of equipment or device:
(1)
Shall be located in any front or side yard, or within 20 feet of any rear lot line, except that freestanding heating and cooling equipment may be located in the side yard, provided that it is not located forward of the front line of the house or closer than 20 feet from the front lot line whichever is farther, and closer than five feet from the side lot line. On a corner lot, such equipment shall be allowed in a yard that abuts a street, provided that the main entrance to the premises is not in the same yard and that an adequate landscape buffer, approved by the Building Department, is installed and maintained. On a corner lot, such equipment shall not be located in the rear yard nearer the street than 1/2 of the side yard setback for the property, but in no event closer than five feet to the property line. At the time of installation of any such equipment, the property owner shall file with the Building Department proof that the equipment has a certified sound-level rating at the adjoining property line not exceeding 50 decibels. In addition, any such equipment shall be screened in a manner approved by the Building Department.
(2)
No heating cooling, pumping, filtering, generating, power storage or other type of equipment or device shall be mounted to the facade of a building unless approved by the Building Department or Architectural Review Board.
(3)
Equipment service lines, such as condensate, refrigerant or electrical, must be concealed in a manner approved by the Building Department. No such service lines shall be mounted to any wall that faces a street.
G.
A permanent, fixed generator or any portable generator connected to the gas service of the main structure shall be located on a concrete pad in the rear yard and be at least 10 feet from any property line. At the time of installation of such equipment, the property owner shall file with the Building Department a certified sound test report as proof that the installation meets the following sound test levels: at any property line not exceeding 60 decibels. On corner lots, the generator shall be located as provided in Subsection F, except no such unit shall be allowed to be located in the side yard abutting a street. The cycling of generators for maintenance purposes shall only be done on a weekday, non-holiday, between 9:00 a.m. and 5:00 p.m. The property owner shall apply for and obtain from the Building Department all required permits, including plumbing, electrical and building (with engineer drawings and sound-level certification).
(1)
Generators, fixed or portable, shall only be operational between the hours of 8:00 a.m. and 10:00 p.m., unless otherwise approved by the Building Department for emergency or health related reasons.
H.
Special exception for generators on residential lots.
(1)
The Zoning Board of Appeals may authorize a special exception to permit a generator to be located in an area other than permitted under this section upon the following conditions:
(a)
The Zoning Board shall make a finding that the granting of the permit shall meet the legitimate needs of the residential owner while preserving the general appearance of the residential neighborhood in which the lot is located, as well as the public safety, health, convenience and general welfare of the Village.
(b)
The applicant must demonstrate unnecessary hardship and/or practical difficulty in complying with the provisions of this section.
(2)
In applying for a special permit exception under this section, the applicant must complete the written application form required by the Zoning Board of Appeals.
(3)
Renewal of permits. A special exception permit may be renewed by the Zoning Board of Appeals without hearing and without fee upon the owner of the premises submitting a duly sworn affidavit that the special circumstances that constituted unnecessary hardship or practical difficulty to grant the permit still exist. A permit may be renewed for two periods of two years each.
(4)
In granting a permit under this section, the Zoning Board of Appeals may impose such further conditions as it deems appropriate, necessary or advisable to preserve the intent of this section.
§ 99-25 Swimming pools and prefabricated units.
[Amended 12-6-2005 by L.L. No. 7-2005; 6-20-2023 by L.L. No. 2-2023; 11-19-2024 by L.L. No. 6-2024]
A.
Application of section. No outdoor swimming pool or prefabricated unit shall be constructed, erected or maintained in the Village of Floral Park except in conformity with this chapter, the Municipal Code and all applicable state laws, rules and regulations.
B.
Definitions. As used in this chapter, a swimming pool is hereby defined as any structure intended for swimming, bathing or wading, either above or below ground, having a depth for retaining water of 20 inches or more and a capacity of 200 gallons or more. As used in this chapter, a prefabricated unit is hereby defined as a self-contained portable hot tub or spa unit used for recreational purposes and having a maximum capacity of 300 gallons.
C.
Permit required. No swimming pool or prefabricated unit shall be constructed, erected or maintained unless a permit for the same shall have been issued by the Superintendent of Buildings. An application for such permit shall be on such form as may be furnished by the Building Department, and shall be accompanied by complete plans and specifications of the pool or prefabricated unit, the plan for the disposal of water, the type and location of fencing and a survey or map showing the location thereof with respect to the boundary lines of the land of the applicant. Permits may be issued only upon application of the owner of the land or his or her agent duly authorized, in writing, to make such application. Applications shall be accompanied by a permit fee established by resolution of the Board of Trustees.
D.
(Reserved)
E.
Materials of construction. No swimming pool or prefabricated unit shall be built, constructed or maintained except of materials having adequate strength to retain the water designed to be contained therein. Each swimming pool or prefabricated unit shall be designed in accordance with sound engineering practice.
F.
Water disposal. Water overflowing from the swimming pool or prefabricated unit and when the swimming pool or prefabricated unit is emptied shall be disposed of on the owner's land and shall be prevented from flowing over or into the land of any adjoining property owner or over or into any abutting street, or into any storm sewer. All water must be disposed of through the homeowner's sanitary sewer system.
G.
Fencing. Fencing shall be in compliance with the provisions of the New York State Residential Code.
H.
Perimeter required. There shall be a perimeter of at least five feet around a swimming pool, which perimeter shall be between the edge of the swimming pool and the fence erected around the swimming pool.
I.
Lighting. No lighting shall be permitted in, on or about said swimming pool, except such lighting that shall shine into or upon said swimming pool and cast no light or reflections onto abutting properties. All electrical work shall be performed by a licensed electrician in accordance with the provisions of the National Electrical Code.
J.
Abandonment. Should the owner abandon the swimming pool, he or she shall arrange to remove the depression and return the surface of the ground to its original grade and approximately in the same condition as before the swimming pool was constructed, and he or she shall further notify the Superintendent of Buildings of the abandonment so that the inspection of the site may be made and the records of the permit may be marked accordingly.
K.
Location. Every swimming pool and prefabricated unit shall conform to the following requirements as to location:
(1)
Not less than a distance of five feet from any rear or side line of the lot, but not less than 10 feet from any lot line along an abutting street or along a side or front yard on any contiguous lot; provided, however, that each of the foregoing distances shall be increased by one foot for each 100 square feet by which the area of the plane surface of water of any pool exceeds (or would exceed if the pool were completely filled) 500 square feet.
(2)
Not less than a distance of 10 feet from any cesspool or any part of a sewage disposal system (other than a sewer main).
(4)
In addition, a private outdoor pool shall be located only in a rear yard, and the coverage thereof shall not exceed 30% of the area of the rear yard for all accessory buildings, garages and structures located therein; provided, however, that no such pool shall occupy more than 15% of the area of any rear yard.
L.
Enforcement. The Enforcement Office shall be empowered to enforce the regulations herein set forth and to compel the removal of any swimming pool or prefabricated unit that fails to meet the requirements as to installation or proper maintenance of the swimming pool or prefabricated unit, water disposal and appurtenances.
M.
Compliance. The owner of any land upon which a swimming pool or prefabricated unit shall have been constructed prior to the date of adoption of the local law from which this chapter is derived shall obtain a permit and comply with the requirements contained herein.
§ 99-26 Unlicensed or inoperative motor vehicles/motor vehicle repairs.
A.
No lot or parcel shall be used for the outside storage of an inoperative or unlicensed motor vehicle or vehicles except as otherwise permitted in this chapter. No repairs shall be made to such vehicle or vehicles outside of enclosed buildings. Nothing herein shall be construed to prohibit the storage of such vehicle or vehicles inside a garage or other building located on the premises, provided that such vehicle or vehicles are owned by the owner or occupant of the principal residence.
B.
Motor vehicle repairs.
(1)
The following uses shall not be permitted in any residential district: motor vehicle repairs of a major nature, including but not limited to auto painting, body work or extensive mechanical repairs. Nothing contained herein shall be deemed to prohibit either emergency repairs or preventive maintenance of a minor nature, such as but not limited to an oil change or tune-up; provided, however, that such emergency repairs and/or preventive maintenance is performed upon the premises by an individual who is an occupant of said premises and that the motor vehicle upon which the emergency repairs and/or preventive maintenance is being performed is registered in the name of the occupant of said premises.
(2)
All motor vehicle repairs are hereby prohibited, except for emergency repairs, on all public streets and in all municipal parking fields in all zoning districts other than residential, throughout the Village of Floral Park unless pursuant to a special permit.
§ 99-27 Satellite dish antennas.
A.
Purpose. The Board of Trustees hereby determines that, in a community such as the Village of Floral Park, comprised principally of one-family homes located on one-hundred-foot by forty-foot lots, the aesthetic impact of large parabolic or hemispheric discs or other similar antennas or devices, measuring several feet in diameter, can be offensive to the residential community and be inconsistent with the character of the neighborhood. If unregulated, such devices can be disruptive to the appearance of the skyline and disrupt the pleasant nature and character of the community. Also, the interests of public safety require that such devices be installed in accordance with well-defined engineering standards, and other safety measures such as fencing around the base may be necessary. These aesthetic and safety concerns do not arise in connection with dipole antennas, which blend into the skyline. The Board also finds that a regulatory scheme such as set forth herein allows a reasonable balancing of the needs of the community and the rights of persons to reasonable access to television or radio stations that they desire and to allow such antennas to fit into the character of the community.
B.
Permit required. No person shall cause, suffer or permit the erection, construction, installation, relocation and/or maintenance of any parabolic or hemispheric disc or satellite receive-only antenna or other similar antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical or similar signals from satellites or from ground facilities which transmit such signals, except as provided herein.
C.
As-of-right uses.
(1)
In any commercial or industrial district, a satellite receive-only antenna two meters or less in diameter is permitted.
(2)
In any district other than a commercial or industrial district, a satellite receive-only antenna one meter or less in diameter is permitted.
(3)
In all other instances, no erection, construction, installation and/or maintenance shall be permitted or continued except when permitted by special use permit by the Board of Zoning Appeals, after public hearing. The first permit granted to any applicant under this section shall be conditional and shall be for a period of not more than two years. Any application for renewal of such conditional permits shall be acted upon in the same manner as an initial application.
D.
Requirements for special use permits.
(1)
In evaluating whether a special use permit should be issued, the Board of Zoning Appeals shall consider the purposes set forth in this section.
(2)
The antenna or other device shall be located only in the rear yard of the lot, unless the applicant establishes that other placement is necessary to obtain reasonable reception.
(3)
No permit shall be issued if the Board of Zoning Appeals finds that either the type of antenna or disc or the method of its placement will endanger the safety of residents, neighbors or pedestrians, or threaten property on the applicant's lot or adjoining lots.
(4)
Use of any illumination for the disc or antenna is strictly prohibited.
(5)
All connections shall be made so that wiring and supporting cables shall not be visible from the street or sidewalk.
(6)
No more than one parabolic, hemispheric, satellite receive only or similar antenna shall be erected, constructed, installed or maintained on a single lot or premises.
(7)
The Board of Appeals shall impose such screening requirements that are reasonable to effectuate the purposes set forth in this section and that will not substantially limit reception.
E.
Application for permit. All applications for special use permits shall be filed with the Board of Zoning Appeals of the Incorporated Village of Floral Park. The application to the Board of Zoning Appeals shall describe the subject premises by street address and by section, block and lot number and shall describe the present use of the premises. In addition, the application shall be accompanied by the following:
(1)
A location survey showing existing structures upon the premises, their location and distance from the proposed disc or antenna, the dimensions of the parabolic disc or antenna, the setbacks of the parabolic disc or antenna from each property line and all properties and structures within a two-hundred-foot radius of the premises, showing the names and street addresses of the record owner of such property.
(2)
A detailed plan showing the material from which the parabolic disc or antenna is to be constructed and the proposed color of the parabolic disc or antenna and details illustrating the structural support system.
(3)
A landscape plan illustrating adequate screening of the parabolic disc or antenna which will be provided to screen the parabolic disc or antenna from the roadway and adjoining property owners. Unless demonstrated to be impracticable, all screening required shall be by coniferous trees and shall be of sufficient height and density to screen 100% of the parabolic disc or antenna from sight at ground level from the roadway and from properties located within a two-hundred-foot radius of the premises during the entire year.
F.
Notice required. Before any decision on or authorization of a special permit, the Board of Zoning Appeals shall hold a public hearing after due notice. The applicant shall be required to provide notice of the hearing upon a form approved by the Board of Zoning Appeals to all record land owners within a two-hundred-foot radius of the property which forms the subject of the application as said record owners appear on the most current tax rolls of the Nassau County Assessor's Office. Such notice shall be sent to the record land owners by certified mail, return receipt requested, not less than 15 days nor more than 30 days before the public hearing. Evidence of compliance with this section shall be provided by the applicant prior to or at the public hearing. In addition, the Village Clerk shall publish notice of the hearing not less than 10 days prior to the hearing date.
§ 99-28 Electric meters and gas meters.
A.
No dwelling located within the R-1 Zoning District shall have located thereon or therein more than one electric meter nor more than one gas meter, unless consent thereto shall have been granted by the Board of Trustees. No dwelling located within the R-2 Zoning District and no nonconforming two-family dwelling shall have located thereon or therein more than two electric meters nor more than two gas meters, unless consent thereto shall have been granted by the Board of Trustees. In the R-A Zoning District, there shall not be more than one electric meter nor more than one gas meter per dwelling unit.
B.
All nonconforming electric meters and gas meters in existence on the effective date of this chapter shall, at the expiration of three years from said date, be removed, and the dwelling shall be in conformity with this section of the Zoning Code.